The Life of 'Splice,' The Unlikeliest Major Studio Summer Release

The Vincenzo Natali-directed Splice opens this weekend with the distinction of being arguably the biggest acquisition to ever emerge from the Sundance Film Festival, based on Dark Castle’s $35 million P&A commitment.

No matter how much business the horror film scares up, it is worth looking back at a quest for domestic distribution that overcame cease and desist letters from Fox lawyers worried about the genetically-manufactured creature’s similarity to the Na’vi creatures of Avatar, and then survived nearly being dumped into a SciFi Channel premiere. Instead, Warner Bros just opened it on 2450 screens.

The track toward production began after Guillermo del Toro, Don Murphy and Susan Montford cornered Natali at the 2007 Cannes Film Festival. They’d been fans of his no-budget film Cube, told him they would godfather Natali’s next scripted horror effort, and walked away with the Frankenstein-esque script Splice, and they set off to find distribution. It looked like Fox Atomic was going to finance the film right away. Not only didn’t the filmmakers get a deal, they received the stern cease and desist letter from Fox legal affairs exec Robert Cohen. Deadline got a copy of the missive.

“You can…imagine our dismay when we saw the design for the Dren character in Splice, which is substantially similar to the alien creatures in Avatar and learned that Todd Cherniawsky, a member of the Splice design team, has knowledge of the Avatar designs because of his prior employment as an assistant art director on Avatar,” Cohen wrote. “The Avatar infringement results primarily from the use of a tail on the humanoid figure, as well as other facial characteristics that are unique to Avatar. It is difficult to tell from the Dren drawings what other problems might exist, such as whether the height of the Splice Dren is comparable to the height of the Avatar aliens…We are aware that you received a note from Jon Landau that Mr. Cameron and he felt that the design issue would not be a concern because the projects are so different. While we respect their opinion, we feel differently and are concerned. However, Mr. Landau’s suggestion that you make design modifications to remove the elements we regard as infringing is one which we strongly suggest your company follow to avoid what otherwise will be a significant legal confrontation with Fox.”

The filmmakers high-tailed out of there, but left Dren’s tail intact. They enlisted producer Steve Hoban, who helped put together a $27 million budget, mainly through presales, Canadian tax deals and backing from French company Gaumont, which was on the hook for about $4 million by the end of production. There was optimism that the film starring Adrien Brody and Sarah Polley would create a bidding battle after its midnight Sundance screening. Sure enough, sales agent CAA got a private investor willing to put up around $20 million in P&A in a deal that was to involve the Sony Worldwide Acquisitions Group and Apparition’s Bob Berney, who was held in high esteem by del Toro because of Pan’s Labyrinth. Then an article ran in a local Minneapolis paper in which Apparition financier Bill Pohlad disavowed the project. That deal fizzled. Said an insider: “Why go to a company where the financial guy is publicly dissing your film?”

As decent deals got made for other potential Sundance breakout films like the Ryan Reynolds thriller Buried and the Julianne Moore-Annette Bening comedy The Kids Are All Right, a feeling of desperation was creeping in for Splice, despite strong audience reaction at festival screenings. One distributor recalled that anyone on the hill could have acquired the film for a $12 million P&A commitment. Gaumont even had talks with the SciFi Channel to make the film a network premiere, which would have covered the French company’s risk but killed a theatrical release. Undaunted, CAA kept screening the film post-festival. Dark Castle exec Steve Richards saw it, and then Joel Silver and former Rogue president Andrew Rona got involved. They saw the potential of a wide release and made a deal that not only dwarfed other pacts at the last Sundance, but had a P&A commitment that rivaled any film to emerge from Park City.

47 Comments

Seth Brundle • on Jun 4, 2010 2:53 pm

Don Murphy and Sun Tzu have much in common (and that is a compliment).

woolrich • on Jun 4, 2010 3:07 pm

I think he purposely nurtures a tough guy image but is actually a sweetheart, giving back to young filmmakers and such. I’ve only seen how he deals with my boss and me. He does not suffer fools gladly.

Joe • on Jun 4, 2010 4:54 pm

Don Murphy came into my small class at USC and spoke about his experiences producing with great knowledge and candor–providing one of the most honest and practical assessments of today’s entertainment industry. All I can say is, from the way he spoke to a group of eager and naive undergraduate film students, I have to agree with the above comment regarding his attitude towards young filmmakers. I’m glad to see that taking a chance on Natali seems to have paid off for him.

Lisa • on Jun 4, 2010 2:54 pm

Splice is a really good horror film. It absolutely deserves to be a big summer release.

Ben • on Jun 4, 2010 2:56 pm

I think this movie looks pretty cool and I’m going to see it. I’ve heard good reviews. I wonder why Warner’s is promoting it the way it is though? Seems to me they’d be better off promoting it more like “District 9” was — smart sci-fi with concepts and themes that have scientific and political relevance.

mike • on Jun 4, 2010 2:59 pm

im pulling for this film to do well.

Alex • on Jun 4, 2010 3:09 pm

eh, this has been done before.

Kimfilm • on Jun 4, 2010 3:29 pm

I’m just wondering how come no one has mentioned how this movie is SPECIES? Almost to the T. Once again, Hollywood’s “originality” at work again.

VanDammit • on Jun 4, 2010 3:59 pm

This is a Canadian independent. Not Hollywood.

V

jm • on Jun 4, 2010 9:13 pm

plus, splice is nothing like species.

pets • on Jun 4, 2010 4:39 pm

how is this like ‘species’? ‘species’ is about a rogue alien that takes the form of a human female to mate with men, while ‘splice’ is about two scientists who try to conceal a genetic experiment gone wrong…

paul • on Jun 4, 2010 5:53 pm

pets, Your memory of Species is very flawed.

James • on Jun 4, 2010 11:10 pm

You’re missing the part where the Species alien starts as an infant in a lab. Escapes. Ages at an advanced rate. And to add to “mates with men,” she is trying to complete her life cycle.

In terms of similarity, that’s probably what the OP was talking about.

They look different enough though. And Splice looks better. Splice looks like it’s dealing with issues of raising a “child” (even if it is a monster). Species is basically just an alien hunt that was pitched on the premise “hot alien chick trying to have sex with dudes.”

The stakes are dramatically different between the films as well.

Carlito Brigante • on Jun 4, 2010 4:42 pm

This film IS NOT Species. You obviously have not seen the film to say something like that. If you have only seen the trailer, then I could see where you may infer that. But I assure you they are not even similar in tone. Species was an action film. Splice is a morality play set in the sci-fi world, it is suspenseful, but by no means an action film. They have a somewhat similar logline in that they both involve creating a being, but that is where the similarities end. If one were to make a comparison, I would say Splice is a much smarter, more relevant and restrained film than Species. It is the District 9 to Species’ Independence Day.

A. M. • on Jun 4, 2010 8:26 pm

Right on, Carlito. I’m uncomfortable with people calling SPLICE a horror movie. There are some horror-elements, but overall it doesn’t have a horror feel to it, it’s not scary and horror-fans might expect something totally different. It’s suspenseful, relevant, well done and comparing it to DISTRICT 9 isn’t a bad idea.

I spoke with two other female audience members after the screening and they both liked it as much as I did and would recommend it to others. They knew little about the movie going in and definitely weren’t horror fans.

I’m surprised at anyone comparing DREN to the alien creatures in AVATAR. That thought never entered my mind when I watched SPLICE.

Don't buy or sell the hype • on Jun 4, 2010 8:46 pm

Um, what?

District 9 was the Independence Day to Independence Day’s Independence Day. Or did we not see the same movie where unlikely heroes teamed up with bazookas and big robots to invade a well-armed complex and generally kick action-movie ass?

I think people remain fooled by District 9’s moody, contemplative, dark thriller PR campaign, forgetting the fact that it was just a summer action movie in a different accent.

Susan • on Jun 4, 2010 6:49 pm

This movie is NOTHING like “Species.” You obviously haven’t seen this film. “Splice” is more like “Frankenstein” meets “Oedipus Rex” meets “Elektra.”

Anonymous • on Jun 5, 2010 4:02 pm

Yes, Like species only that was not a very good film and this is a horrible film.

blogtopus • on Jun 4, 2010 3:35 pm

Can’t wait to see this movie. I’m glad they mentioned that Cameron had nothing to do with the C&D harassment; so many people would have jumped onto that as more proof that he’s a douchebag, etc etc.

Walter • on Jun 4, 2010 3:56 pm

Saw it today and loved it. Outside the box including one or two stomach turning twist (trust me). This film should get good word of mouth – and The Los Angeles Times liked it which is rare. The Times is generally anti-horror genre. So go and support this film or studios will continue making Saw 20 and Halloween 14!

Anonymous • on Jun 4, 2010 4:26 pm

This film also languished at Senator for almost a year before moving on to River Road then to WB. Where did Dark Castle come up with the P&A?

Hey you can call me a clown, but it still doesn’t change the fact that the audience was laughing at this film throughout.

I haven’t cared that much for Manohla Dargis’ taste in film since her days at LA Weekly. But, that’s just me. To each his own.

I hope you enjoy the film man or woman with the lower case name.

FilmLover • on Jun 5, 2010 6:40 am

“What who”??? I guess we know who the clown is here.

Marlie • on Jun 4, 2010 6:09 pm

The audience was cracking up at the premiere. Del Toro’s face was a little shocked… don’t think it was supposed to generate that kind of laughter.

Mark • on Jun 4, 2010 8:47 pm

Then you saw it with some not-very-bright people. Which is not to say the film is without humor – there are some very funny scenes in it.

Cub • on Jun 4, 2010 5:18 pm

Lawsuit to keep a similar film from pinching box office draw? Happens all the time! Most infamously from the litigious wheelhouse of Kubrick’s Dr. Strangelove. It’s war in the bigs. The one with the biggest stones wins and Cameron wields boulders.

SeanOcali • on Jun 4, 2010 6:07 pm

I saw a midnight screening. It’s a must-see in theaters. The audience reactions make the movie so much better. It’s a shocker. And take away the sensational aspect of it all, it’s actually a very interesting character study of a modern American 30-somehting couple.

Mark • on Jun 4, 2010 8:45 pm

I saw it tonight. Absolutely BRILLIANT. While the last forest scene (not going to spoil anything) could have been shot/constructed a bit more smoothly, “Splice” is hands down one of the best early David Cronenberg movies that he never directed. Psychologically, it’s almost devastating, the script is tight, the special effects are incredible, and the theme is immediate. I was silent for nearly half an hour after seeing it. The Cronenberg reference is the best I can come up with at the moment, but it’s entirely apt. It’s a highly disturbing film, not just a monster movie – it’s the best kind of thought-provoking science fiction there is. I doubt the film will be a “blockbuster”, simply because audiences might feel betrayed by the advertising campaign, which is making it look like a thrill-a-minute monster film when it’s a psychologically dense and morally challenging piece of work – but I certainly hope it’s a profitable film for the director, who has apparently grown substantially and miraculously since the clever and entertaining, but flawed “Cube” (see: mostly the actors). Quite simply, and forgive the allusion again, but if you’re a fan of David Cronenberg’s earlier films, you’ll love “Splice” – and if you like intelligent science fiction, this film is for you – if you’re simply looking for a monster scare, however, while the film delivers on that to an extent, you might be disappointed.
Brilliant film, and I’m glad I added to whatever its profits will be and to have supported the film.

Anon • on Jun 4, 2010 9:03 pm

The comparisons to Frankenstein are very on the money. However, it will be interesting to see if the splatter crazed teen audience will like this very cerebral sci-fi film.

moe • on Jun 4, 2010 9:13 pm

I think it will do quite well. There’s nothing like it out there right now and it sounds and looks intriguing enough to get more than the average horror crowd.

Hopin • on Jun 4, 2010 9:40 pm

I want this film to do well, but it looks stupid

lady in the sauna • on Jun 4, 2010 9:42 pm

Trending HUGE on Twitter right now. Saw it today. Loved it. Don Murphy, Guillermo and Susan strike again. Good for them Haters Hate, Producers Make!
Go rent Wile she was out. Another new director shepherd by this lot. So hope it kills all the contrived dreck outthere this weekend!

The fact that Fox tried to compare ‘Dren’ to the Navi’i is laughable…movie humanoids with tails have been around a little longer than Avatar. It’s more likely a case of jealousy that the indie film came up with something just as interesting on 1% the budget. Comparisons to Species aren’t quite so unfair, but don’t hold up under examination. The overall plots of the two movies are quite different, as well as the themes explored.

Splice may not be the perfect movie, but in terms of intelligence, story and characterization, it stands head and shoulders above Hollywood blockbusters that are all brainless bombast on a 50-cent story idea [yeah James Cameron, I’m looking at you…]

Michael • on Jun 5, 2010 2:56 pm

Am I the only person reading this site that actually saw the movie?? “Splice” was easily the worst thing I have seen this year. I went to an afternoon showing on the day of its theatrical release and the theater was nearly full… but the crowd had thinned noticeably by the first inter-species sex scene, and, to those of us who stayed, the collective feeling of disgust and revulsion in the room was palpable. I have never seen first-day moviegoers so eager to leap from their seats and bolt for the exits at the suggestion of a film’s ending! If filmmakers, studio heads, and agents can’t figure out that audiences don’t want to see this kind of drek, then Hollywood has a much bigger problem than out-of-control budgets and internet piracy.

Nardsbrau • on Jun 6, 2010 4:30 pm

Those left at the end of my screening in LA last night were laughing hysterically at the “climax”.

I saw the movie Saturday afternoon. That guy Chris Koseluk above hit the nail right on the head.

The movie’s problem, aside from the bad performances and bad direction, is the fact that this is a domestic drama (and a dull, cliched one at that), pretending to be a sci fi movie. But, dearest Natali, scientists don’t behave like privileged New York yuppie couples. They just don’t. [See: The Fly, The Andromeda Strain, Alien, or even E.T.)

sabriel • on Jun 5, 2010 10:28 pm

I saw splice and saw it as a very moving, intense and heartbreaking film. Some parts of it were very hard to watch for me, but i don’t regret seeing it. I haven’t watched many horror films, but I definitely saw it as more of a drama than a horror film, although it had some horror elements. It’s definitely not your average film and it probably won’t garner attention from average audiences but all the same it is a great commentary on what is really capable by humanity. Great conversation-starter, especially. Well done, too. Dren was a fascinating character and in my opinion phenomenally acted.

chuckl • on Jun 6, 2010 8:45 am

this is a movie that really deserves to been seen, easily compares to early-mid period Cronenberg. Yes, some of it is funny, but it is MEANT to be……..

Michael • on Jun 6, 2010 1:10 pm

Also, I overheard two teens in the bathroom talking about the film afterward; one said it was the worst film he’d ever seen. The problem is that the film is not a sci-fi/horror film; it’s really an adult relationship drama with a sci-fi overtone. Kids expecting “Alien” or “Species” are going to be severely disappointed…

chuckl • on Jun 6, 2010 1:55 pm

Since cronenberg is no longer making “Cronenberg” movies, maybe vicenzo natali can continue making them.